Vikash Pandey @ Krishna Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26332 of 2021 Arising Out of PS. Case No.-384 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== VIKASH PANDEY @ KRISHNA PANDEY Son of Lakshman Pandey Resident of Mohalla- Chausa Chandani More, Police Station- Buxar (Muffasil), District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Buxar (Muffasil) P.S. Case No. 384 of 2020 (CIS No. 1298/2020), registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

54 litres of foreign liquor has been recovered from from motorcycle and co-accused Sujit Kumar @ Bholu and Dinbandhu Kumar were apprehended on the spot. It is submitted that no recovery has been made from

Patna High Court CR. MISC. No.26332 of 2021(2) dt.29-07-2021 2/2 conscious possession of this petitioner. Petitioner has got no concern with the seized liquor. Petitioner is in custody since 14.12.2020 having no criminal antecedent, as stated in para 3 of the petition.

Considering the period of custody coupled with the fact that petitioner claims clean antecedent, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IInd-cum-Special Judge Excise, Buxar in connection with Buxar (Muffasil) P.S. Case No. 384 of 2020 (CIS No. 1298/2020), subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T